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26 Jan 2016, 9:01 pm by Michael C. Dorf
Justice Anthony Kennedy suggested otherwise. [read post]
25 Jan 2016, 9:39 pm by Kevin LaCroix
One more vote – say, perhaps Justice Kennedy – could potentially result in a vindication of the upgraded version of the pick-off defense. [read post]
25 Jan 2016, 7:00 pm by Jon Katz
Dissenting Justice Scalia, joined by Justices Thomas and Alito, claims that Montgomery creates a retroactivity rule from whole cloth. [read post]
25 Jan 2016, 1:39 pm by Bill Otis
 Suffice it to say that I'm decently sure that rejecting per se abolition has four sure votes (Roberts, Scalia, Thomas and Alito) and two likely ones (Kennedy and Kagan).Justice Kennedy has a good deal of skepticism about the death penalty (see, among numerous other sources, his opinion for the Court in Kennedy v. [read post]
25 Jan 2016, 1:38 pm by Mark Walsh
Kennedy, Clarence Thomas, Ruth Bader Ginsburg, and Elena Kagan. [read post]
25 Jan 2016, 9:26 am by Lyle Denniston
Alito, Jr., Antonin Scalia, and Clarence Thomas joined in a dissenting opinion written by Scalia, and Thomas wrote a separate dissenting opinion for himself. [read post]
22 Jan 2016, 10:37 am by Andrew Trask
Justice Clarence Thomas concurred in the judgment, and filed his own concurrence. [read post]
21 Jan 2016, 9:40 am by Ronald Mann
Because the Campbell-Ewald did not do that here, Thomas agreed with the Court that the case is not moot. [read post]
21 Jan 2016, 6:51 am by Joy Waltemath
Thomas Goldstein, arguing for the City of Paterson, New Jersey, suggested that the Court’s questioning thus far pointed to the fact that a plaintiff in a case such as this must assert a constitutional right. [read post]
20 Jan 2016, 1:11 pm by Howard Wasserman
Interestingly, only Justice Thomas mentioned (although even... [read post]
20 Jan 2016, 1:05 pm by Seyfarth Shaw LLP
Today, Justices Ginsburg, Kagan, Sotomayor, Kennedy, and Breyer, with Justice Thomas concurring, denied defendants the option of arguing that because the named plaintiff did not accept a full settlement offer under Rule 68 before filing the motion for class certification, he or she does not have a sufficient interest in the controversy to create jurisdiction under Article III of the U.S. [read post]
20 Jan 2016, 12:32 pm by Ad Law Defense
  Justice Ginsburg delivered the opinion of the Court joined by Justices Kennedy, Breyer, Sotomayor, and Kagan with Justice Thomas concurring. [read post]
18 Jan 2016, 4:00 am by The Public Employment Law Press
Kennedy School of Government.Brenda Torres has been appointed assistant secretary for the environment. [read post]
12 Jan 2016, 4:43 pm by David Faustman
” Justices Thomas, Roberts and Allito have indicated in other decisions that they may be willing to cast aside Abood. [read post]
12 Jan 2016, 8:48 am by Lyle Denniston
., and Justices Ruth Bader Ginsburg, Elena Kagan, Anthony Kennedy, Clarence Thomas, and Antonin Scalia. [read post]